Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8052 WP No. 3527 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3527 OF 2025 (CS-EL/M) BETWEEN:
1. S.A.RAGHU, S/O S.D.ANNAIAH, R/AT.SURANAHALLY, WARD NO. 1 HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 56 YEARS. SHARE NO. 242/53
2. RAJEGOWDA, S/O BOMMEGOWDA, R/AT.GULLADAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 69 YEARS, SHARE NO. 128/67. 3. RAMEGOWDA, S/O DEVEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 50YEARS
SHARE NO. 55/97
4. SHEKAR, S/O ESHWAR, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 58 YEARS
SHARE NO. 83/55. 5. RAMESH, S/O EREGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 63YEARS
SHARE NO. 99/55
6. NISAR AHEMED S/O LATE HASANSHARIFSAB PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8052 WP No. 3527 of 2025
AGED ABOUT 62 YEARS
SHARE NO. 110/55
7. KUMARA, S/O GOWDEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 53 YEARS SHARE NO. 86/55. 8. RAVI, S/O LAKKEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 48YEARS
SHARE NO. 114/55
9. PUTTARAJU, S/O EREGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 63YEARS
SHARE NO. 101/55
10. SANNASWAMY, S/O ANNAJIGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 61 YEARS
SHARE NO. 107/55. 11. PUTTARAJU, S/O GOWDEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 64YEARS
SHARE NO. 85/155
12. GIRIJAMMA, W/O SHIVASHANKARA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 59 YEARS SHARE NO. 93/55. 13. SUMA, W/O PUTTARAJU, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 50 YEARS SHARE NO. 88/55
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NC: 2025:KHC:8052 WP No. 3527 of 2025
14. SHARADAMMA W/O LATE BASAVEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 65 YEARS SHARE NO. 87/55
15. PADMA, W/O SHIVASWAMY, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 56 YEARS
SHARE NO. 100/55
16. SHIVEGOWDA, S/O ANNEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPURTQ. AGED ABOUT 50 YEARS
SHARE NO. 122/55
17. VANAJAKSHI, W/O LAXMINARAYANA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 60 YEARS SHARE NO. 119/55
18. BHARATHI, W/O RAMACHANDRA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 49YEARS
SHARE NO. 120/55. 19. BHAGYAMMA, W/O RAMACHANDRA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 51 YEARS
SHARE NO. 127/55
20. MANJUNATHA, S/O IYYANNNA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 45 YEARS
SHARE NO. 117/55
21. ANASUYA, W/O LATE RAJEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211.
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AGED ABOUT 68 YEARS SHARE NO. 92/55
22. SUNDRAMMA, W/O LATE APPEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 62 YEARS
SHARE NO. 113/55
23. SHANTHAMMA, W/O LATE APPEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 75YEARS
SHARE NO. 129/55
24. PUTTATHAYAMMA W/O LATE LAKKEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 65 YEARS SHARE NO. 112/55. 25. BHAGYA, W/O VENKATESH, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 54 YEARS SHARE NO. 109/55
26. JAGADHISH, S/O DEVEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 58 YEARS
SHARE NO. 82/55
27. P.E.CHANDREGOWDA W/OEREGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 49 YEARS SHARE NO. 123/55
28. RAMESH, S/O PUTTEGOWDA, PADUVALAHIPPE, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 52 YEARS SHARE NO. 104/55
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29. SHIVANNA, S/O LATE ANNAIAH, SURANAHALLY, WARD NO. 1 HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 58 YEARS
SHARE NO. 109/59
30. VENKATESH, S/O GOVINDAIAH, MALLIGANAHALLY, HALLYMYSOREHOBLI, HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 54 YEARS
SHARE NO. 99/69
31. D.C MANJEGOWDA, S/O CHANDREGOWDA, DODDAKUNCHE, HALEKOTEHOBLI, HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 41 YEARS
SHARE NO. 151/68
32. NATESH KUMAR K R, S/O RANGEGOWDA, KALLENAHALLY, HALEKOTEHOBLI HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 61 YEARS SHARE NO. 110/69
33. DHARSHAN, S/O GOPALEGOWDA, KALLENAHALLY, HALEKOTEHOBLI HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 38 YEARS
SHARE NO. 4/71
34. B T LOKESH, S/O THIMMEGOWDA, BAGIVALU, HALEKOTEHOBLI HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 43YEARS
SHARE NO. 153/68. 35. ANITHA M M, D/O DHARSHAN K J KALLENAHALLY, HALEKOTEHOBLI HOLENARASIPURA HASSAN DISTRICT-573211. AGED ABOUT 28YEARS
SHARE NO. 5/71
36. JAGADHISH H N, S/O NARAYANAPPA, PETE MAIN ROAD, HOLENARASIPURA. HASSAN DISTRICT-573211. - 6 -
NC: 2025:KHC:8052 WP No. 3527 of 2025
AGED ABOUT 69 YEARS
SHARE NO. 136/31
37. H.J.VINAY, S/O JAGADHISHKUMAR, PETE MAIN ROAD, HOLENARASIPURA - 573211
AGED ABOUT 26 YEARS, SHARE NO. 246/68
38.
KANTHARAJ HS, S/O SIDDAPPA, PETE MAIN ROAD, HOLENARASIPURA - 573211
AGED ABOUT 42 YEARS SHARE NO. 5/55
39. H M GIRISH, S/O LATE T M MALLESH, EDIGARABEEDHI, HOLENARASIPURA - 573211
AGED ABOUT 52 YEARS
SHARE NO. 217/69. 40. NAGARAJU, S/O LACHAIAH, TIRUMALAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED 50 YEARS
SHARE NO. 156/166
41. KRISHNEGOWDA T, S/O THIMMEGOWDA, GULLADAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 73 YEARS SHARE NO. 33/62. 42. NAGARAJU G N, S/O NANJEGOWDA, GULLADAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED 60 YEARS, SHARE NO.26/60
43. SHIVARAMAIAH, S/O KALEGOWDA, ALADHALLY, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 70 YEARS
SHARE NO. 63/68
44. RAMACHANDRA, S/O KRISHNAIAH, TIRUMALAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. - 7 -
NC: 2025:KHC:8052 WP No. 3527 of 2025
AGED ABOUT 68YEARS
SHARE NO. 123/57
45. KUMARA, S/O LATE KRISHNAIAH, TIRUMALAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 63YEARS
SHARE NO. 47/58
46. KALAMMA, W/O KRISHNEGOWDA, GULLADAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 65 YEARS SHARE NO. 10/67. 47. HANUMAMMA, W/O PATEL THIMMEGOWDA, GULLADAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 85 YEARS
SHARE NO. 11/67
48. NARASIMHEGOWDA S/OTHAMMAPPAGOWDA, SHIVAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 70 YEARS SHARE NO.108/36. 49. PUTTASWAMYGOWDA S/OTHAMMAPPAGOWDA, SHIVAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 62 YEARS SHARE NO.206/50
50. GOVINDEGOWDA S/OTHIMMAPPAGOWDA, SHIVAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 65YEARS
SHARE NO.109/36
51. HONNEGOWDA, S/O PUTTEGOWDA, NAGALAPURA, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 62YEARS
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SHARE NO.65/66
52. BASAVEGOWDA, S/O BASAVEGOWDA, NAGALAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 58YEARS SHARE NO.22/48
53. DYAVAPPAGOWDA, S/O BASAVEGOWDA, NAGALAPURA, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 61YEARS
SHARE NO.124/49
54. A ABOREGOWDA S/OANNEGOWDA, AREHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 42 YEARS SHARE NO.241/52. 55. PRAKASHA A B, S/O BASAVEGOWDA, AREHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 50 YEARS SHARE NO.203/54. 56. DEVAMMA, W/O P. THAMMEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 52 YEARS SHARE NO.199/62
57. BYRAPPA URUF KARIYAPPA S/OBOREGOWDA NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211.
AGED ABOUT 48 YEARS SHARE NO.53/63
58. RAJEGOWDA, S/O CHALUVEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 56YEARS SHARE NO.121/24
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59. THAMMAIAH, S/O NINGEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 50 YEARS SHARE NO.135/24
60. SHIVANNA, S/O SANNAPPA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 56 YEARS SHARE NO.147/27
61. CHIKKEGOWDA, S/O KALEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 70 YEARS SHARE NO.15/32. 62. BOREGOWDA, S/O KALEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 55YEARS SHARE NO.93/32
63. NINGAPPA, S/O KARIYAPPA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 50 YEARS SHARE NO.141/46
64. ANNAIAH, S/O CHIKKEGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 70 YEARS SHARE NO.142/49
65. RAMESHA, S/O BYREGOWDA, NAGARTHI, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211. AGED ABOUT 35YEARS SHARE NO.224/67
66. K M VENKATESH, S/O MARIGOWDA K A KADAVINAKOTE,HALEKOTEHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. - 10 -
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AGED ABOUT 74 YEARS
SHARE NO. 226/67. 67. YALLAPPA H B, S/O BASAPPA, HIREBELAGULI, HALEKOTEHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 68 YEARS, SHARE NO.131/64
68. SOMESHKUMAR, S/O GURUDEVAPPA, HIREBELAGULI, HALEKOTEHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 64YEARS
SHARE NO. 131/64
69. RAJAMMA, W/O RAJASHEKARAPPA, HIREBELAGULI, HALEKOTEHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 52YEARS
SHARE NO. 6/67
70. RAMESH N C, S/O CHANNEGOWDA, MALLESHWARA, HALEKOTEHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211. AGED ABOUT 48YEARS
SHARE NO. 110/66
71. S C SUDHAKAR, S/O LATE CHANDRASHEKAR SURANAHALLY, WARD NO. 1 HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 50YEARS
SHARE NO.15/58. 72. SUDHARSHAN H S, S/O LATE K SRINIVAS PETE MAIN ROAD, HOLENARASIPUR. HASSAN DISTRICT-573211 AGED ABOUT 58YEARS
SHARE NO. 51/66
73. MEENAKSHI, W/O LATE K SRINIVAS PETE MAIN ROAD, HOLENARASIPUR . AGED ABOUT 65 YEARS SHARE NO. 52/66
74. K M RAMACHANDRA
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S/OMARIGOWDA, HEMAVATHIEXTENTION, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 51YEARS
SHARE NO. 177/59. 75. H A LAXMI, W/O LATE KRISHNAPPA, PETE MAIN ROAD, HOLENARASIPUR .
AGED ABOUT 60 YEARS
SHARE NO. 99/65
76. GAYATRI, W/O LATE H A NAGARAJ, PETE MAIN ROAD, HOLENARASIPUR. HASSAN DISTRICT-573211 AGED ABOUT 55 YEARS
SHARE NO.152/56
77. SACHIN, S/O LATE KRISHNAPPA, PETE MAIN ROAD, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 40YEARS, SHARE NO.76/69. 78. PROMODH KUMAR P C S/OCHALUVARAYA, PETE MAIN ROAD, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 48YEARS SHARE NO. 241/68. 79. MOHAN S E, S/O CHANNAPPA, SURANAHALLY, WARD NO. 1 HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 45 YEARS
SHARE NO. 165/52. 80. SANNASWAMY H S/OCHOWDAIAH, SURANAHALLY, WARD NO. 1 HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 62 YEARS
SHARE NO. 166/29. 81. KAMALAKSHI W/O LATE SATHYANARAYA, SURANAHALLY, WARD NO. 1
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HOLENARASIPUR, HASSAN DISTRICT-573211
AGED ABOUT 53 YEARS
SHARE NO.153/56
82. B N PRACHAKAR, S/O NOT KNOWN BEECHENAHALLY, HALEKOTEHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 62 YEARS
SHARE NO. 93/56
83. MUDDUKRISHNA, S/O PADMANNA, PETE MAIN ROAD, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 52 YEARS
SHARE NO. 244/57. 84. MANJULA H K, W/O JAVARASHETTY K PETE MAIN ROAD, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 47 YEARS
SHARE NO. 171/68. 85. ASHA K M, S/O ERAPPA, KABBUR, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 42 YEARS
SHARE NO.152/70. 86. DASARAJA ARAS, KABBUR, HALLYMYSOREHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 70 YEARS, SHARE NO. 151/70. 87. PARVATHAMMA, W/O HALAPPA, KALLAHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 74YEARS
SHARE NO. 123/30. 88. SANNASWAMY, S/O SUBBANNA, KALLAHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 60YRS
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SHARE NO. 214/51. 89. SHIVAPPA, S/O HALAGAPPA, KALLAHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 80YEARS SHARE NO.105/63
90. H B CHANNABASAPPA S/O LATE BOGANNA, HALLYMYSORE, HOLENARASIPUR. HASSAN DISTRICT-573211 AGED ABOUT 75YEARS
SHARE NO. 114/30. 91. RUDRAMURTHY, S/O YADIYURAIAH GOHALLY, HALLYMYSOREHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 75YEARS
SHARE NO. 250/51. 92. NANJAPPA, S/O BOGACHARI BADAKYATHANAHALLY, HOLENARASIPUR HASSAN DISTRICT-573211 HASSAN DISTRICT-573211 AGED ABOUT 62YEARS SHARE NO.118/37
93.
DEVARAJAPPA, S/O NINGAPPA, BADAKYATHANAHALLY, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 62YEARS
SHARE NO. 130/31. 94. LAVESH N, S/O NANJEGOWDA, CHITTANAHALLY, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 35YEARS
SHARE NO.19/60. 95. CHANDREGOWDA, S/O MARIGOWDA, CHITTANAHALLY, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 58YEARS
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SHARE NO.188/50. 96. ANNAIAH, S/O THAMMAIAH, KALLYKOPPALU, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 35YEARS
SHARE NO. 220/53. 97. SURESH, S/O KALEGOWDA, K.B.KOPPALU, KASABAHOBLI, HOLENARASIPUR HASSAN DISTRICT-573211 AGED ABOUT 55YEARS
SHARE NO.72/56
98. KALYANAMMA, W/O NAGARAJU, K.B.KOPPALU, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 65YEARS
SHARE NO. 37/32
99. CHANDRAPPA, S/O RAJAPPA, K.B.KOPPALU, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 55YEARS
SHARE NO. 99/51. 100. NIRVANEGOWDA S/O VENKATEGOWDA, KATTAHALLY, KASABAHOBLI, HOLENARASIPUR, HASSAN DISTRICT-573211 AGED ABOUT 71YEARS
SHARE NO.171/26
..PETITIONERS
NOTE: ALL THE PETITIONERS ABOVE AGED 60 YEARS
SENIOR CITIZEN NOT CLAIMED. (SRI VARUN JAYKUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF CO-OPERATION,
M S BUILDING, BANGALORE-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. - 15 -
NC: 2025:KHC:8052 WP No. 3527 of 2025
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027, REPRESENTED BY ITS SECRETARY. 3. PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, HOLENARASIPUR, HASSAN DISTRICT-573211 REPRESENTED BY ITS CEO. A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959,
4. THE RETURNING OFFICER, PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, HOLENARASIPUR, HASSAN DISTRICT-573211 A SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959
…RESPONDENTS (BY SRI YOGESYH D NAIK, AGA FOR R-1 & R-R-4;
SRI T.L KIRAN KUMAR, ADV., FOR R-2;
SRI PRUTHVI WODEYAR, ADV., FOR R-3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INCLUDE THE NAMES OF THE PETITIONERS IN THE FINAL ELIGIBLE VOTER LIST AT ANNEXURE-C AND PERMIT THE PETITIONERS TO CAST THEIR VOTE IN THE UPCOMING ELECTIONS TO RESPONDENT NO.3 SOCIETY WHICH IS SCHEDULED TO BE HELD ON 09-02-2025 IN SO FAR AS THE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S. HEMALEKHA
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ORAL ORDER
The petitioners are seeking for the following prayers:-
" Wherefore, the petitioner most humbly prays that this Hon'ble Court may be pleased to:
i. Issue a writ of mandamus directing the Respondents to include the names of the Petitioners in the Final eligible voter list at ANNEXURE-C and permit the Petitioners to cast their vote in the upcoming elections to Respondent No.3 Society which is scheduled to be held on 09-02-2025 in so far as the Petitioners are concerned.
ii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity."
2. This Court by way of an interim arrangement on 07.02.2025 permitted the petitioners to cast their votes in the ensuing election scheduled on 09.02.2025 subject to final outcome of this petition.
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3. Heard Sri Varun J. Patil, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 4, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Sri Pruthvi Wodeyar,
learned counsel for respondent No.3.
4. Counsel for the petitioners submits that the election has been held as scheduled on 09.02.2025 and the petitioners have cast their votes.
5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes.
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6.
Learned counsel for respondent No.3-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced.
7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following:
1 2022 (4) AKR 775
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ORDER i. Writ petition is disposed of.
ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 09.02.2025.
iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim
order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society.
iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard.
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NC: 2025:KHC:8052 WP No. 3527 of 2025
v. If any such dispute relating to the eligibility of the petitioners to vote in the election to the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders.
vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting.
vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners.
Sd/-
_______________________ JUSTICE K.S. HEMALEKHA
MBM CT:DN List No.: 2 Sl No.: 40